make bail

Discussion in 'Legal Terminology' started by Autumn Rain, Dec 4, 2012.

  1. Autumn Rain Senior Member

    English-U.S., Mexican Spanish
    Hola Foreros:

    ¿Qué significa "make bail" en este contexto? ¿Es algo así como "salir bajo caución"?

    El juez le ha leído los cargos y ahora le informa de ciertas fechas importantes y le dice:
    If you make bail, be sure to be here on that date in addition to the January date.

    Gracias de antemano.

    Autumn Rain
  2. Si se le libera bajo fianza . . .
  3. Autumn Rain Senior Member

    English-U.S., Mexican Spanish
    OK, lo que yo no entiendo es si make bail se refiere a que la persona, no sé, califique para salir bajo caución, o si se refiere a que la persona tenga el dinero para pagar la fianza.

  4. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    "Make bail" means that the money (or other security) required to release a person who was arrested has been put up, either by the person arrested (not common) or by a bail bondsman (who puts up a bond backed by an insurance company) or by a friend or relative. It is sometimes referred to as posting bail. It implies that the arrested person has been released since the purpose of putting up the bail is to obtain the release, but it does not literally mean that the person has been released. The sequence is that the person is arrested, the amount of bail is set, bail is posted (referred to as the person making bail), and the person is then released.
  5. Autumn Rain Senior Member

    English-U.S., Mexican Spanish
    Oh, I see. I had thought that "post" and "make" bail referred to different actions due to my watching of the Law & Order. Sometime I seen that the DA is concerned the suspect may run away so the judge does not set bail or maybe sets a high amount. I had thought maybe making bail meant that the defendant was not a flight risk and therefore would be allowed to be released on bail if he could afford it.

    Thank you for clearing this up,

  6. k-in-sc

    k-in-sc Senior Member

    The judge sets (or denies) bail (or in some cases it is automatically denied). The defendant posts/makes it.
  7. RicardoElAbogado Senior Member

    SF Bay Area, California
    American English
    In some (not all) jurisdictions, for petty offenses (such as public intoxication), there is a list of pre-set bail amounts. No lawyers and no judge involved. I don't know who sets the bail amounts, but my guess is that it's the local court. The rationale seems to be that there is no need to waste everyone's time (especially a judge's time, at least as far as judges are concerned) when the bail amount is standard for these petty offenses. I imagine that if a defendant couldn't afford to make bail, he could ask for a hearing and seek to have a judge set the bail at a lower amount (or release him on his own recognizance, which means being released without having to post bail).

    This is something that you will never see on TV shows because there is a certain lack of drama to a scene in which a functionary in the police station looks at a list and says, "Lemme see, lemme see. Oh, here it is. Public intoxication -- $250."
  8. Autumn Rain Senior Member

    English-U.S., Mexican Spanish
    Jajaja! That's very good. Thank you for the much appreciated insight.

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